To assure construction and installation of improvements required by this Subdivision Ordinance, the subdivider shall execute a Construction Agreement in form and substance as determined by the Law Director. The Construction Agreement shall, at a minimum, provide that: the improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements and according to the provisions of the Construction Agreement; the improvements shall be available to and for the benefit of the land within the subdivision; that the subdivider shall pay fees required for inspection and testing, and the schedule for such payments; and the improvements will be completed and installed by a specific stated date.
The construction agreement shall further provide (if approval of the final plat has been given before construction of improvements and a performance guarantee has been provided) that if the improvements are not completed within the specified time, the City Manager, after issuing 30 days written notice to the subdivider, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for faithful performance of such work.
The Construction Agreement shall further provide for the terms and conditions of the payment of inspection and testing costs.
(Ord. 96-82 AC. Passed 9-16-96.)